Man plans to sue over LBPD arrest

LONG BEACH - An attorney for a 26-year-old Long Beach man - who alleges police beat, kicked and shocked him with a Taser stun gun when he asked for an officer's name and badge number - held a press conference Thursday to announce plans to file a civil rights violation lawsuit.

Attorney Brian Claypool and his client Perry Grays held the press conference in front of Long Beach Police Department Headquarters after filing a notice of civil rights violation at Long Beach City Hall, the first step in filing a lawsuit.

Claypool said Thursday that the Long Beach officers used unnecessary force after going to Grays' home late on Feb. 6 on a call of loud noise, comparing the incident to a "mini Rodney King" and an attack by a "pack of wolves."

Claypool said Thursday morning his client and other witnesses told him Grays immediately turned the music down, but the first officer on scene was aggressive and rude and called more officers to the scene despite Grays posing no threat.

When Grays asked for the officer's name and badge number to file a complaint the officer grabbed Grays' wrist, pulling him off balance, then shot Grays with a Taser, knocking Grays to the ground, Claypool said.

Grays, who was not allowed to speak during the press conference and whose lawyer would only allow him to speak to select members of the media afterward, said he was on the ground being hit and kicked by several officers and screaming for help.

"I told them, `Please stop Tasing me, I have a heart condition,"' said the father of two infant children.

Grays said while he was on the ground a second officer Tased him in the back of the neck, causing him to lose the ability to speak and to lose control of his bladder and bowels.

Claypool accused police of withholding medical treatment after the incident and said they tried to take Grays straight to jail but paramedics intervened.

Grays said he was at the hospital for about three hours.

When asked by a television reporter what kind of damage he suffered, Grays said he was sore afterward. Claypool added that Grays also suffered emotional damage. The lawyer said two other people were so upset by the beating they called 911 to try and stop the officers.

Claypool is also representing the family of Douglas Zerby, a 35-year-old man shot and killed by officers in Belmont Shore in December and said he wants to meet with the chief of police to talk to him about the many complaints he has received about the police department.

"There are common threads of arrogance and recklessness in both these cases," Claypool said Thursday.

The lawyer said in both Zerby's death and Grays' arrest police came to the situation looking for a violent confrontation rather than trying to talk to either man.

Long Beach police Sgt. Rico Fernandez confirmed patrol officers were sent to Grays' home in the 600 block of Junipero Avenue shortly before 11 p.m. after a neighbor called 911 to complain about loud music.

Fernandez said the first officer on scene tried to talk to Grays, but he said Grays was rude and combative and refused all requests and orders to comply.

The officer - who Fernandez said is about 5-feet, 10-inches and 175 pounds next to Grays' 6-foot, 4-inch, 320 pound frame - called for backup. As Grays argued with the officer, Grays allegedly threatened the officer, prompting the use of the Taser, Fernandez said.

The sergeant said Grays was immediately taken to Community Hospital of Long Beach as part of police procedure in use of force incidents.

Part of that procedure included sending a sergeant to the hospital to take a report, Fernandez said.

Fernandez said Grays did not complain to the sergeant when the sergeant spoke to Grays that night, and that as of 5 p.m. Thursday the LBPD had yet to receive any communication or complaint from Grays or his lawyer.

Claypool said Grays was unable to file a complaint because police refused to give him the names and badge numbers of the officers responsible. Fernandez said neither the names nor badge numbers are needed to file a citizen's complaint.

Grays said he did go to the police station but when he asked for the officers' names he was given two names, including that of a female officer.

"I didn't want to put her name down when she wasn't the one who Tased me," Grays said.

Fernandez said Grays was taken to the Long Beach City Jail after hospital staff cleared him, and Grays was booked on a charge including resisting arrest that night.

According to arrest records Grays was released from jail Feb. 8.

A check with the Los Angeles County District Attorney's Office found no case pending.

Fernandez said detectives handling the matter could not be reached for comment.

Claypool said his client has no criminal record and works as a security guard.